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HomeMy WebLinkAbout95-04160 , , I, i, " -I . , ,i' I." , I ., '.' ~ '., , " I ~ ' , J 9 I - , ROBERT L. SHAMBAUGH, JR.. Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBERUU~D COUNTY. PENNSYLVANIA CIVIL ACTION - LAW 95 - 4160 BLANCA L. SHAMBAUGH Defendant IN DIVORCE ,RAZCI" T(L'J.'.8.MI8MIT RG.OU TO THE PROTHONOTARY: Kindly transmit the re~ord. together with the f.ollowing information ~o the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: CUMBERLAND COUNTY SHERIFF HAND DELIVERY ON August 4. 1997. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on December 22, 1997 and by Defendant on December 16, 1997. (b) (1) Date of execution of the Section 3301 (d) of the Divorce Code: filing and service of the plaintiff's respondent: N~applic~. affidavit required by Not applicable~ (2) Date of affidavit upon the 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached: Not ~___ _____________ (b) Date Plaintiff's Waiver of Nf,tice in Section 3301 (C) was filed with the Prothonotary. Januaryl~~ Divorce was Date Defendant's Waiver of Notice inqSection filed with the Prothonotary. January . ~2~ ~v." Andrew C. Shee y, Es Attorney for Plain 3301 (e) ("') '" 0 ~;; U) -;"1 -" foo_ ..! I I riln' ,'" ",:n ..t'.':., .I~ I" tv . h~' , I (~? -, <0 'rio..:J 'i) , -', .,. II;~ l~',~ '. ..,., ;r; :,i: .lC) 'I CO "III ;",' .. ~1 " -:':1 '"r,. -< 0\ :Q . , SHERIFF'S RETURN CASE NOI 199~-04160 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND SHAftBAUGH ROBERT L JR VS. SHAft BAUGH BLANCA N WESLEY COOK CUMBERLAND County, to law, .ay., that . Sheriff or Deputy Sheriff of Penn.ylvania, who being duly 8worn according he .erved the within COMPLAINT - DIVORCE upon SHAMBAUGH BLANCA N the defendant, at 10~~1l00 HOURS, on the ~ day of Auaust , 19~ at S.C.I. CAMP HILL LISBURN ROAD CAMP HILL. PA 17011 . CUMBERLAND . County, P~nn.ylvania, by handing to BLANCA N. SHAMBAUGH . true and atte.ted copy of the COMPLAINT - DIVORCE . and at the .ame time directing ~ attention to the content. theraof. Sheriff'. CO.t.1 Docketing Service Affidavit Suroharge 18.00 8.40 .00 2.00 So ans~ ~/.At ~ - ~I~~~ 4!::- H. om.. n., er JAMES D. BOGAR 08/07/199~ .;Z8.4~ by ~~ y er1:U Sworn and .ub.cribed to before me thi. day of 19 A. D. J'rotnonotary ROBERT L. SHAMBAUGH, JR" Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.tjS.LfI,OCIVIL ~ IN DIVORCE VB. BLANCA N. SHAMBAUGH NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claim. set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, tho case may proceed against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lOBe money or property or other rights important to you, including custody or visitation with your children. When the ground for the divorce is indignities or irretriovable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Cumberland county Courthouse Carlisle, Pennsylvania (717) 240-6200 By: !J,rkJ (! gAuL Andrew C. Shee~~arSqUire PA. 1.0. No. 62469 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff ROBERT L. SHAMBAUGH, JR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v.. CIVIL ACTION - LAW BLMICA N. SHAMBAUGH NO. CIVIL 1995 Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Robert L. Shambaugh, Jr. who currently reside. at 611A Geneva Drive, Apartment 30, Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant is Blanca N. Shambaugh, who currently resides at 7073 Carlisle Pike, Lot 112, Carlisle, Pennsylvania, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 27, 1991, at Shiremanstown, Pennsylvania. 5, There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marrill.ge counseling and understands that he may have the right to request that the court require thti parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action i. based is that: (A) That the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render hie condition intolerable and life burdensome or, in the alternative; (8) That th~ marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since December 23, 1994 or, in the alternative; (C) That Plaintiff and Defendant are now living separate and apart and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT I. CUSTODY 8. Paragraphs 1 - 7 are hereby incorporated by reference as if set forth at length. 9. Plaintiff seeks a custody order concerning the following children: (a) Cody A. Shambaugh D.O.B. 9/11/92 (b) Austin C. Shambaugh D.O. B. 10/30/93 10. Petitioner believes that the children are presently in the custody of Defendant's parents who reside in El Paso, Texas, but Petitioner is uncertain as to their specific whereabouts. 11. During the past three (3) years, the children have resided w1.th the following persons and at the following addresses: Robert L. Shambaugh, Jr. and Blanca N. Shamba'~gh, at 7023 Carlisle Pike, Lot 112, Carlisle, Cumberland County, Pennsylvania, 17013. 3 12, The natural father of the children is Robert L. Shambaugh, Jr., Plaintiff. The natural mother of the children is Blanca N. Sham- baugh, Defendant, 13, Plaintiff has not had any contact with the child-ren since June 25, 1995 when Defendant took the children tc New Mexico for which was believed to be a visit with relatives. 14. Attempts by Plaintiff to contact the children have be censured by Defendant who refuses to provide Plaintiff with information as to the whereabouts of tha children or their phone number. WHEREFORE, Robert L. Shambaugh, Jr., Plaintiff herein, requests that your Honorable Court enter a custody order granting him primary legal and physical custody of the minor children and to enter an Order directing Defendant/Respondent to immediately return the children to Pennsylvania pending any subsequent Order of Court. Respectfully submitted Date: August 3, 1995 (SEAL) C Andrew C. Sheel Attorney for Pl I verify that the statements made in this Complaint are true and . I I . I I correct., I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsi fica- Date: August 3, 1995 ~) (SEAL) tion to authorities. 2 ROBERT L. SHAMBAUGH, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. BLANCA N. SHAMBAUGH Defendant NO. CIVIL 1995 IN DIVORCE AFFIDAVIT Robert L. Shambaugh, Jr., being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand tha,t I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to II Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsi- fication to authorities. ;:t!~~ J~~aUgh' Jr. SWORN to and subscribed before me this 3li day of Cl,~)'", ( , 1995. )d'~~t:ry 1~~i~~'Y My Commission Expires: .,. Notarial Seal ~ JOin e, Broth..., Notary PUbll,C S"lr'n'l('\tlnt~w" Bom, Cu,,",bllInI:L! C"unly My COn1fT,i.tlon l'plro. Fo~, ,., 19qR , ,"nIY 11"I on NI;l~nW , "-- ... ~', . ~ '" - -c - ':'~ ':'l ~~~ ~~ '8 c>oVl '" - . ~ c.. C. C; _.~ :.J,. , ~\ - \\=~ '~ U~l U. . ).... 'lr-.. ~ ~~ Cl(I ~ w n-- ... ~ ... ~' ~ ~ F. .. ~ . 1. ~ . E '.f;)' ~ c;p ~i:-, t_ 'cl ;R' 0 ':. ~11 " P r:' ~.~.': :.'~f~ ;-~',';) I ~V ,:0 '" 1<:.) ,~_; l.. ..., ..! :q ~? ~"~" ,'. :1,: '1"- :.~: ~~~ ;.~ l ,: r;- '.) "I .. ~;~ St - :J~ (.oJ ..... ROBERT L. SHAMBAUGH, JR. , I IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 9'; - 4160 , .. '. ";".. - BLANCA N. SHAMBAUGH, IN DIVORCE " , Defendant , \CD ~n AFFIDAVIT OF .c..ONSENT c- 1. A Complaint in Divorce under Section 3301(c) of tKe ,~- n .1 .') . " ',} " J ,'...> : ~.:.\ .. ) ;1"1'1 :"1 .'.. :,.. .< Divorce Code was filed on August 3, 1995. I acknowledge receiving a certified copy of the Divorce Complaint, said copy being served upon me on August 4, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.B.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ~c, 1~~(MI2..._ ~,J_?k~.>-/l BLANCA N. SHAMBAUGH .... -- "'~ '. "._: ~\... ROBERT L. SHAMBAUGH / JR. / Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 95 - 4160 BLANCA N. SHAMBAUGH/ Defendant IN DIVORCE WAIVZR or HOTICK or INTZHTIOH TO RZQUZST ZHTRY or A DIVORCZ D.CRZ. UHDZR S3301 .LC.L...Q~_JUVORCZ con 1. I consent to the entry of Q final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification DATE: ;/ ;'t 17 to the authorities. ~ '~'.}1/ ~' ROBERT g SHAHIlAUGH / JR. Q v:> 0 ~lt Q;l -1'1 i.1 f"l~ (,- J 1:: I. 'IJ rljl 11,";:"- -'- I :~9 ,.. '. 'I, l>! I ,n ., :-10 1- "T,J :~ .,:' ..,-" I~ ), ,:l. r..- l.,jll ~.C.' .. ,;; ~ ~ - . - ROBERT L. SHAMBAUGH, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 95 - 4160 BLANCA N. SHAMBAUGH, Defendant IN DIVORCE WAIVER or NOTICE or INTENTION TO REQUES~ ENTRY or A DIVORCE DECREE UNDER il.3,Q_L-LC.L,Q.l_.l'JlLJU VORC E c..oJ!..I 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. ! understand tha.t I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ,i~c, 10, )Cjqtl- a1'i~,_~__ BLANCA N. SHAMBAUGH 8 -.0 <;, loX) " ;::i r._ .~! CD ::':-j -.". ;,;:~ ;'t: ,F.. I '~ ~:.( " u' " ..0 -;L -':~" . I:::.lr... :::! I' .;\ ;, ,").;/ , .... ., ) ."(,' r:- ..:(' J..~(''' .. ~ - ~ .. .... "" " SHERIFF'S RETURN CASE NOI 199~-04160 P connON WEALTH OF PENNSYLVANIA: COUNTY OF cunBERLAND SHA"rAUGH ROBERT L JR va. SHA"BAUGH BLANCA N -- WESLEY COOK . Sheriff or Deputy Sheriff of CUnBERLAND County, Penn8ylvania, who being duly 8worn according to law. .aYB. that he 8erved the within COnPLAINT - DIVORCE upon SHAn BAUGH BLANCA N the defendant, at 10~~:00 HOURS. on the -ilh day of AuauBt 19U at S. C. I. CAnp HIL.L LISBURN ROAD CAnp HILL. PA 17011 ,CUnBERLAND County, PennBylvania. by handing to BLANCA N. SHAnBAUGH a true and atteBted copy of the ~LAINT - DIVORCE and at the ..ame time diI'ecting l!I.r. attention to the content8 thereof. . Sheriff'B COBtBI Docketing Service Affidavit Surcharge 18.00 8.40 .00 2.00 .28.40 So anBwerBI ~~;:<~~ rrf-Tn-a-m.. n., .r JAnES D. BOGAR 08/07/1995 by -I~kp)'J#t~4~/ toy nerUt , /" Sworn and Bub8cribed to before me thiB q ~ day of ~...r 19 Cj( A.D. "ft'"'- P ~.Oi't. Yf~' ro ono aty " " n ~.o 'i> r~~ m . I '.- J .... I.." fl' " I I . ..~ >::' I I,m I i ., Ie. '1\:) ,I I ,. I~~ . -0 1,- .1' ': ~ ,..~ _h . ~ ,:.1 .. , . ..!"rrt ~~ < lo"" ,..J ~I ~ J. (oJ ~.l -.. vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ROBERT L. SHAMBAUGH, JR. Plaintiff/Petitioner BLANCA N, SHAMBAUGH, Defendant/Respondent NO. 95 - PBTITION rOR EMERGENCY RBLIEr Petitioner, Robert L. Shambaugh, Jr., by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Emergency Relief and in support thereof respectfully represents as follows: 1. Petitioner is Robert L. Shambaugh, Jr. who resides at 611A Geneva Drive, Apartment 30, Mechanicsburg, Cumberland County, Pennsyl- vania 17055. 2. Respondent is Blanca N. Shambaugh, residing at 7073 Carlisle Pike, Lot 112, carlisle, Cumberland County, Pennsylvania 17013 3. Plaintiff and Respondent are the parents of the minor children Cody A. Shambaugh, D.O.B. 9/11/91, and, Austin c. Shambaugh, D.O.B. 10/30/93. 4. No custody order presently exists. 5. petitioner has filed a custody complaint however no concilia- tion hearing has been scheduled as of the date of this Petition far Emergency Relief. 6. Defendant/Respondent took the children from pennsylvania o~ our about June 29, 1995 advising Plaintiff that the children would be visiting her relatives in New Mexico. 7. Plaintiff/Petitioner has had no contact with the children sino& June 25, 1995 and his attempts to contact the children by telephone have been censured by Defendant/Respondent who refuses to provide information to Plaintiff/Petitioner concerning the whereabouts of the children. 8. The minor children resided in Commonwealth of pennsylvania until June 29, 1995 when Defendant/Respondent took the children and left for which was presumed to be a short vacation. 9, On July 28, 1995, Petitioner learned that Respondent intended to leave Pennsylvania and return to Texas. 10. Petitioner is without sufficient information to know the whereabouts of the minor children and believes that Respondent may deny him further custody of the children. WHEREFORE, Plaintiff respectfully requests that Honorable Court immediately schedule a hearing and direct Respondent to return the children to Pennsylvania so that a temporary custody order can be entered pending a conciliation conference and so that Plaintiff can determine the whereabouts of the children. Ll _ }.,; Iff> n'1f"J/ I Res ectful(7 Andrew C. Sheel~ Esquire 1 West Main Str et Shiremanstown, PA 17011 717-737-8761 Attorney for Plaintiff 2 VBRI.ICATIOH I verify that the statemanta made in this Petition for Emergency 'Relief are true and correct. I understand that unsworn statement. herein are Dade subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. ~ DATE: August 3, 1995 Jr, - ~ nl C fr. ROBERT L. SHAMBAUGH, JR. Plaintitf VB. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ,,> BLANCA N. SHAMBAUGH, Defendant NO. 95 - 4/(,0 ~.T~v r'" , PETITION FOR CUSTODY ORDER .--.., <r' '" TO THE HONORABLE, THE JUDGES OF TilE SAID COURT: 1. Plaintiff is Robert L. Shambaugh, Jr., residing at 611A Geneva Drive, Apartment 30, Mechanicsburg, Cumberland County, Penn- sylvania 17055. 2. Defendant is Blanca N. Shambaugh, residing at 7073 Carlisle Pike, Lot 112, Carlisle, Cumberland county, Pennsylvania 17013 3. Plaintiff seeks a custody order concerning the following children: (a) Cody A. Shambaugh (b) Austin C. Shambaugh D.O.B. D.O.B. 9/11/92 10/30/93 4. The children were born during wedlock. 5. Petitioner believes that the children are presently in the custody of Defendant's parents who reside in El Paso, Texas, but Petitioner is uncertain as to their specific whereabouts. 6. During the past three (3) years, the children have resided with t,he following persons and at the following addresses: Robert L. Shambaugh Jr., and Blanca N. Shambaugh, at 7023 Carlisle Pike, Lot 112, Carlil!e, Cumberland County, Pennsylvania, 17013. 7. The father of the children is Robert L. Shambaugh, Jr., Plain- tiff/Petitioner. He is the natural father of the children. 8. The mother of the children is Blanca N. Shambaugh, Defendant/ Respondent. She is the natural mother of the children. 9. The relationship of Plaintiff/Petitioner to the children is that of father to sons. The Plaintiff/Petitioner currently resides with the following persons: Roy Bloor, age 25. 10. The relationship of Defendant/Respondent to the children is that of mother to sons. The Defendant/Respondent currently resides with the following persons: unknown. 11.. Neither plaintiff/petitioner or defendant/respondent have participated in a custody action in Pennsylvania or any other state concerning the above-named children. 12. Plaintiff/Petitioner has not had any contact with the child- ren since June 25, 1995 when Defendant/Respondent took the children to New Mexico for which was believed to be a visit with relatives. 13. Attempts by Plaintiff/Petitioner to contact the children have be censured by Defendant/Respondent who refuses to provide Plaintiff/- Petitioner with information as to the whereabouts of the children or the phone number where they can be reached. 14. The best interests and permanent welfare of the children, will be served by entering a custody order and directing that the children's primary care, custody and control be vested in Robert L. Shambaugh, Jr., Plaintiff/Petitioner, and because of the following: 2 (A) Plaintiff can best provide for the minor children with a more suitable, ~table, helpful and proper environment than can Defendant. (8) plaintiff is a fit parent who can best take care of his children. (e) Defendant is unable to provide the children with a reasonable living environment and has taken the children from pennsylvania and is permitting them to live with the maternal grandparents and has denied Plaintiff the opportunity to contact the children. (D) Defendants conduct in reference to the children is unpredic- table and demonstrates little concern for the children; (E) Defendant's behavior in permitting the children to leave Pennsylvania and refusal to allow Plaintiff to contact the children is not in the best interest of the children. (F) Defendant/Respondent's conduct and behavior in the presence of the children is improper and detrimental to the childrens' welfare, demonstrating that Defendant/Respondent is unfit and incapable of continuing her care and control of the children; 15. Each parent whose parental rights to the children have not been terminated and the person with physical custody of the children have been named as parties to this petition for modification. 3 ROBERT L. SHAMBAUGH, JR. Plaintiff IN THE COURT OF CCX'IMOO PLEAS OF CUMBERLAND COUN'l'Y, PENNSYL~ANIA VIS. NO. 95-4160 CIVIL TERM BLANCA N. SHAMBAUGH, Defendant CIVIL ACTION - LAW CUSTODY aU>ER Of' CWR'r AND 101, this 1'1 day ofY1AAWM.... consideration of the attached Custody conciliali'on Report, ordered and directed as follows: , 1995, upon it is hereby 1. The Father, Robert L. Shambaugh, Jr., and the Mother, Blanca N. Shambaugh, shall have shared legal cu~tody of Cody A. Shantlaugh, born September 11, 1992 and Austin C. Shambaugh, born October 30, 1993. The Mother shall have primary phyaical custody of the Children. 2. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:30 p.m. until the fOllowing Monday morning and on alternating Wednesdays (following weekends during which the Mother had custody of the Children) from 5:30 p.m. until the following Thursday morning. The Father shall transport the Children to and from their daycare provider for periods of partial custody designated in this paragraph. The Father shall have physical custody of the Children at the times designated above from Septemher 8 through September 11, 1995 and September 15 through September 18, 1995. The weekend custody schedule shall alternate thereafter. 3. The Father shall enjoy an extended period of physical custody of the Children each surrmer for two consecutive weeks between ,June 1 and July 15. The Father shall provide specific dates for the two week period to the Mother by May 1 of each year. 4. The Children shall be permitted to visit their maternal grandparents in Texas for a period of three consecutive weeks during each sumner vacation between July 15 and August 25 with the exception that the visit shall take place in the Spring, prior to June 1, for the year 1996. The Mother shall notify the Father of the specific dates for the three week period by March 1 in 1996 and by May 1 of every year thereafter. 5. The parties shall alternate holidays for purposes of custody as follows: A. Father shall have physical custody of the Children: 1. In odd numbered years - Thanksgiving, Easter, July 4th and Christmas from Christmas Day at 12:00 noon until Decerrtler 26 at 12:00 noon. 2. In even numbered years - Memorial Day, Labor Dey and Christmas from Christmas Eve at 12:00 noon until Christmas ROBERT L. SHAMBAUGH, JR. Plaintiff IN THE COURT OF CQ1tI\Cfl PLEAS Of.' CUMBERLAND CXlUNTY, PENNSYLVANIA vs. NO. 95-4160 CIVIL TERM BLANCA N. SHAMBAUGH. Defendant CIVIL ACTION - LAW CUSTODY Qm'CIlY CDlCILIATIal 5lMlARY REPan' IN AOCUUlANCB wrm CUUII!RLAND aumr RULB Of' CIVIL Pa::.....JIlU 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Cody A. Shambaugh Austin C. Shambaugh September 11, 1992 October 3. 1993 Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on SeptelTtler 5, 1995, with the following individuals in attendance: The Father, Robert L. Shambaugh. Jr., with his counsel, Andrew C. Sh86ly, Esquire, and the Mother, Blanca N. Shambaugh. with her counsel, R. Mark Thomas, Esquire. 3. The parties agree to entry of an Order in the form as attached. ~kmll(,"1 .S ri9j" (Ceu....r-.d.f(l--Hd Cu-; Date I Dawn S. Sunday, Esqui~ Custody Conciliator ~~ ~I:~ . ~ ."" ,I ~~ ~; ~'fl ~~ oJ ~ .u~~ . c: ~] A ,,,,., , , 1i c a. ~~~~i I~ . ~I ~" t ~ f ~ ; J J ~ ~ 61~~ . . ,. ) ~ .; ...:I Z ' ... ~ ~ ! ~ ~ .' . SLP 1 3 tOY5 fJ. YOU SIIOULD TAKE HilS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT IIA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPIIONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Hf.LP, Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Com mOll Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court. please contact our oftice, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled conference or hearing, Date: February . 1999 For the Court, Hubert X, Gilroy, Esquire Custody Conciliator Wayne F. Shade, Esquire Attorney for Plaintiff R. Mark Thomas, Esquire Attorney for Defendant WAYNE F, SHADE Attomty '1 Llw 53 Wnr Pumfhtt !ilmt C.rhall, ""n.yl...."I. 110f) 3, On September 13. 1995. your Honorable Court in the person of the Honorable Edgar 8, Bayley, J.. entered an Order herein, a true copy of which is auached hereto as ExhibitlA" and incorporated herein by reference as though fully setlorth. 4. Said Order of September 13, 1995, was entered upon an agreement of the parties. 5, Approximately a year after entry of the Order of September 13, 1995, Defendant placed primary physical custody of the children in Plaintiff, 6. For the year prior to July of 1998, Defendant visited with the children at most only once a month. 7. In July of 1998. Defendant left an excellent job as a secretary for the Department of Corrections of the Commonwealth of Pennsylvania which paid her approximately SII an hour plus benetits. 8, Defendant left Pennsylvania to live in North Carolina without having any employment or any employment prospects. WAYNE F. SHADE AIIon'lI) II law '3 Wtat Puml\'tt SIIftt Cullll_. Penn.~lnni. 110Il -2. , b"" ROBERT L. SIlJ\MBAUGH, JR. PIa inti H IN THE COURT OF COMMON PLF~S OF ClJl'l[JERLAND CQIJN'L'Y, PENNSYLVANIA VB. NO. 95-4160 CIVIL TERM BLANCA N. SIlJ\MBAUGH, Defendant CIVIL ACTION - LAW CUS'roDY amm Of' CXXJRl' AND !Of, this I ~ day of _J't~ 81" . consideration of the attached Custody Conciliation Report, ordered and directed lIS follows: , 1995, upon it is hereby 1. The Father, Robert L. ShaJrbaugh, Jr., and the Mother, Blanca N. Shantlaugh, shall have shared legal custody of Cody A. Shalrbaugh, born Septentler 11, 1992 and Austin C. Shalrbaugh, born October 30, 1993. The Mother shall have primary physical custody of the Children. 2. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:30 p.m. until the follOwing Monday morning and on altemating Wednesdays (following weekends during which the Mother had custody of the Children) from 5:30 p.m. until the following Thursday morning. The Father shall transport the Children to and from their daycare provider for periods of partial cuatody designated in this' paragraph. The Father shall have physical custody of the Children st the times designated above from Septe!ltler 8 through Sept8ll'ber 11, 1995 and Septeatler 15 through Septerrber 18, 1995. The weekend cuatody schadule shall alternate thereafter. 3. The Father shall enjoy an extended pariod of physical custody of the Children each sl.IlIIIlIr for two consecutive weelca between June 1 and July 15. The Father shall provide spedfic dates for the two week period to the Mother by May 1 of each year. 4. The Children shall be permitted to visit their matemal grandparents in Texas for a period of three consecutive weeJca during each sUlll1lllr vacation between July 15 and August 25 with the exception that. the visit shall take place in the Spring, prior to June 1, for the year 1996. The Mother shall notify the Father of the specific dates for the three week period by March 1 in 1996 and by May 1 of every year thereafter. 5. The parties shall alternate holidays for purposes of custody as follows: A. Father shall have physical custody of the Children: 1. In odd nUl1'bered years - Thanksgiving, Easter, July 4th and ChristlMs from Christmas Day at 12:00 noon until Decenbr 26 at 12:00 noon. :/. In even nurmered years - Memorial Day, Labor Day and Christmas from Christmas Eve at 12:00 noon until Christmas EXHIBIT "A" ~ (") " r~ l.;::; I": .. UJC) V' A)' 1,,-' '. .1:.' .....: ~' ~ l~" C. -.- It'' (;1 i:" .' 'L-\... " (I', J 0 0' cj ~~ ~ ~I 8 ~ !5 h~e ~ ... :Ii ::C ! ~ j ~ t:l g -< :;)' i I, ! ~ ~ j ~ ~ ~I> llrO! ~ ~ ~ J iJ ~ ~ -<~~ ,,; 6! .... ac<~~ ! ~~a ffi ~ ~ ; ~ j ~ u = .. " , . , FES " ') l'1'J'ltb. , . I , . , i"q , :;~ F( I','. :1 I , 1 I: '.5 f",d. I' "I . r",'/\'/'t' .' . . . , I ~,,'.)'llJt~,II~ ,AI""{/; -J d-lf a,~ .') ,2]~'f 'tt~~ ~..,: ,((i, ~ d~ d~,.~ d,)] f~' &~;' ,A-I :~'(/~ t2,t'1l'i ~~,. '. ROBERT L. SHAMBAUGH, JR., PLAINTIFF V, BLANCA N, SHAMBAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-4160 CIViL TERM ORDER OF COURT AND NOW, this 10th day of February, 1999, based on the within petition IT IS ORDERED: (1) The custody order of September 13, 1995, regarding Cody ,\, Shambaugh and Austin C, Shambaugh, IS VACATED. (2) Temporary primary physical custody of Cody and Austin shall be with their father Robert L. Shambaugh, Jr, pending further order of this court, (3) The mother, Blanca N, Shambaugh, shall have temporary partial physical custody and visitation with Cody and Austin only as the parties shall agree and shall not take the children outside of the Commonwealth of Pennsylvania pending further order of court, Wayne F, Shade, Esquire For Plaintiff By the Court./ E~~ I R. Mark Thomas, Esquire For Defendant :saa , ROBERT L, SHAMBAUGH, Plaintiff IN THE COURT OF ~ PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . va. I NO. 95-4160 CIVIL TERM . . BLANCA N. SHAMBAUGH, Defendant CIVIL ACTION -. LAW I CUSTODY CIUD Of' axm ~ NCII, this !~ day of ~d' .A , 1999, u/ilOn consideration of the at~Custody concil~ ~eport, it is ordered and directed as follows: 1. The prior temporary order of this Court dated February 10, 1999 is vllcated and replaced with this Order. 2. The Father, Robert L. Shambaugh, Jr., shall have primary physical custody of Cody A. Shambaugh, born september 11, 1991, and Austin C. Sharilaugh, born October 30, 1992. J. The Mother, Blanca N. Shambaugh, shall have partial physical cuetody of or visitation with the Children as arranged by mutual agreement of the partiea. The Mother shall not remove the Children from the Commonwealth of pennsylvania without the written consent of the Father. 4, The Mother shall have the right to appeal this Order within thirty deye. BY THE COlJR'I', \ J, ee: Wayne r. Shade, Esquire - Counsel for Fathet Blanea N. Shantlaugh - Mother I _ e..~ ~~J. '1/1'1 /'If:,., cr-- ,.,J.r. ROBERT L. SHAMBAUGH, . IN THE CXXJRT OF COMMON PLEAS OF . Plaintiff . ClJl>IBERLAND COUN'I'Y, PENNSYLVANIA . . . vs. NO. 95-4160 CIVIL TERM BLANCA N. SHAMBAUGH, CIVIL ACTIOO - LAW Defendant CUSTODY PRICR Jtl[lG2: l'JcIgar B. Bayley aJSTaJr CXH::ILIATIal SlMlARY RBP<Rl' IN AOCXJlDANCB WITH aJlBEIRLAND CXXNl'lC RIJI.E <JI' CIVIL PR:......lRB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAMB Cody A. Sharrtlaugh Austin C. Shantlaugh DATE <JI' BIR1'H <DlRI!Nl'Ly IN aJST(JJl( at December 11, 1991 October 30, 1992 Father Father 2. A Conciliation Conference was held on March 31, 1999, with the following individuals in attendance: The Father, Robert L. Shantlaugh, with his counsel, Wayne F. Shade, Esquire. The Mother, Blanca N. Shambaugh, who currently resides in North Carolina, but is temporarily living in Texas, did not attend the Conference and did not have legal counsel representing her at the Conference. 3. According to the Father and his counsel, the Mother was notified of the CUstody Conciliation Conference by both certified and regular mail. In addition, the Father stated that he spoke with the Mother on March 18, 1999 sPf'Citically concerning the Conference. The Father indicated that, during the March 18 conversation, the Mother only expressed concern regarding her request that the Father withdraw the child support Order on which the Mother is the obligor. This Court originally entered an Order in this case on Septel!tler 13, 1995, based upon an agreement between the parties at a CUstody Conciliation Conference, Under that Order, the Mother had primary physical custody of the Children and the Father had a schedule for partial physical custody. '1lle Father stated that by the end of 1995 or shartly thereafter, the Mother dropped the Children of! at the ~'ather's resideMce and relinquished primary physical custody to the Father. According to the Father, the Mother moved to North Carolina in July 1998 and has seen the I, " I, , ' " -.' ~. ~"~' \1\(1 '::.'.':~" \' ( .. .:;:. 7;. <" '::-\<:.- I, j',r\'. '\ ~:~) ',J!\ ~" .;:.; ,\.,) \.11,.;..0 en ,-, c1' ... '~:.': " " ~~ .:. ,) ..- \' 'tp <.) \ " " Children only on two occasions since that time. The Father indicated that the Mother calls to speak with the Children by telephone only occasionally. The Mother is apparently visiting relatives in Texas at the present time, but has not provided the Father wIth the Texas address. The Father filed this Petition for Modification of the 1995 CUstody Order to confirm the fact that he has primary custody of the Children because he is concerned that the Mother may remove the Children from the COIlI11Onwealth. This Court entered an ex parte terrporary Order granting the Father primary physical CU8tody on February 10, 1999. 4. The Conciliator reccxrmends an Order in the form as attached based on the representations made by the Father and his counsel at the Conference and the fact that the Mother neither attended the Conference nor contacted the Conciliator concerning the Conference. {fraJ Det I. /11'} . (C~~-ff!a-i Dawn S. Sun ay, Eequ re CUstody Conciliator I I , I I I I I i I '! I, ~ i U1 I~ !I~~~ :tl J '" -, ill .oj .... .g~jjc .~ 5 ~ ..~ . :.' < ~~ I~ .~. ~ f: ~!~ ~ . I~ g! ~'A f, f I ;1 !l - J il, ,II i II ;:;lr;..r.11l , . l1ll ' :ll ....:l to!: ! ~ . , \ PR t 2 1~~ .